Personal Injury Lawyer

A nonprofit corporation may sound like a contradiction in terms. After all, isn’t a corporation a business, and don’t businesses exist to make money? Often this is true, but there are some organizations that operate as corporations but exist to benefit others rather than to turn a profit for their own shareholders.

A nonprofit corporation can make money, and many do. What sets it apart from a traditional, for-profit corporation is what it does with the money. There are advantages to operating a nonprofit organization, but you must also follow strict regulations in managing your finances or you could lose your nonprofit status.

How Is a Nonprofit Different From a Traditional Corporation?

At the end of the year, any financial surplus that nonprofit organization shows gets reinvested into the operation in the interest of continuing its stated mission. By contrast, a traditional corporation divides any year-end profits among employees and/or shareholders. While board members of a traditional corporation may receive a salary, the board of directors of a nonprofit serve as volunteers.

What Are Some Examples of Nonprofit Corporations?

Nonprofit organizations are those that exist to benefit a specific group (usually one that is disadvantaged in some way) or the general public good. Examples include educational groups, religious organizations, some political groups, and charities.

What Are the Advantages of a Nonprofit Corporation?

The biggest advantage of running a nonprofit corporation is that you may be exempt from paying income taxes. If you buy or sell a building, you are also exempt from paying real estate taxes. You can also apply for grants and receive donations from people, all while enjoying the personal liability for corporate debts characteristic of a traditional corporation.

You may want to raise awareness of your cause by running public service announcement on radio or TV. The broadcasters cannot charge you money for the airtime if you are a nonprofit organization. However, it is up to the broadcasters to decide whether or not they want to run your ad.

What Are the Disadvantages of a Nonprofit Corporation?

Setting up and operating a nonprofit requires a lot of paperwork. You must be able to demonstrate to the Internal Revenue Service or any other interested parties that you are complying with the requirements for a nonprofit. If you eventually decide to shut down your nonprofit, you cannot divide up any assets that remain among your board members. Rather you must donate them to another nonprofit organization.

If you are interested in starting a nonprofit corporation, contact a law office. A business lawyer, such as from Brown Kiely, LLP, can determine if this step is consistent with your goals.

Personal Injury Lawyer

When you’re dealing with any legal matter, there will be deadlines and time limits you have to adhere to in order to receive the most in benefits. If you were injured on the job, you may wonder what kinds of time limits you have regarding workers’ compensation. The following goes over a few basics to get you started.

Reporting the Injury

Every state has a different amount of time they allow injured employees to report their injuries. For example, in one state, you might have 30 days, and in another state, you might only have four days. Your report doesn’t have to be written, but it doesn’t hurt to have it in writing in case you need proof that you reported it to your employer on time.

Filing a Claim

When you’re working with a lawyer on a workers’ compensation claim, like a worker’s compensation lawyer, he or she will know what the deadlines are, but it’s good for you to know what’s happening as well. Again, every state has different regulations that determine how much time you have to file your claim. In one state, you could have up to six years, while in a neighboring state, you could be limited to just one year. There are some exceptions to the rule, so if you fall into one of the following categories, you may have more time than what is regularly allowed.

• You were in a coma for an extended period of time beginning at the time of your injury.
• You received an injury serious enough to warrant surgery or another type of prolonged treatment.
• You were contagious and were therefore quarantined.

Reopening a Claim

In some cases, you go through the claims process, receive compensation and then discover years later that you have still been getting worse and require more medical treatment. If you haven’t received future medical expenses as a part of your compensation, it’s possible you could reopen the case to seek more. Many states allow three to five years for an individual to reopen a case, so speak with your lawyer about what your options are.

Receiving Medical Benefits

You do not have to be out of work for a certain amount of time, nor does your claim have to be at a certain point in the process, to receive medical benefits. If you are injured on the job, your medical benefits begin immediately.

Contacting a Lawyer for Legal Help

While you should have someone by your side for emotional support, it’s good to have someone there for legal support as well. Contact a workers’ compensation attorney at Franks, Koenig & Neuwelt today to learn more.

Personal Injury Lawyer

Nobody plans to get injured in an accident, so not many budgets will have an “unplanned injury” column. For this reason, it could be difficult to find the funds to pay an attorney when you need legal assistance after personal injury. If you’re worried about paying attorney fees for your personal injury case, consider the following.

Many Work on a Contingency Fee Basis

Many lawyers who deal with personal injury work on a contingency fee basis. They realize you probably don’t have the funds up front, and if they feel you will win the case, they will represent you without an upfront payment. The payment will eventually come out of your settlement after you have won the case. If you don’t win the case, the lawyer receives no payment.

You May Be Able to Do a Payment Plan

Some lawyers will work with their clients on a payment plan. If they do charge an hourly fee instead of a contingency fee, they may be willing to set up smaller monthly payments so you can afford their services. These types of payment plans often come with late fees or high interest rates, so be sure you speak with the lawyer about all the details before committing to anything.

There Could Be Additional Fees

Even if the lawyer does work on a contingency fee basis, you may be responsible for other fees that arise. For example, some lawyers ask their clients to pay clerical fees and filing fees. Others may ask their clients to pay for investigations or expert witnesses during the course of the case. Instead of it coming out of the settlement in the end, you would have to pay these as they came up.

You Could Get a Loan

There are lenders out there who deal specifically with legal services loans. Interest rates are often quite high with these loans, so you should be sure you understand all the details before signing anything. If your credit score is good, you may have a higher chance of qualifying for such a loan, but you may want to try even if your score is low.

Contacting an Attorney for Help

If you are dealing with personal injury and need a lawyer, like a personal injury lawyer from Needle & Ellenberg, P.A., call a law firm today to get started.

Personal Injury Lawyer

Car accidents are notorious for causing a wide range of dental injuries to occupants of the involved vehicles. Despite their potential seriousness, they may not receive priority treatment when other, more serious injuries are sustained. But if the dental injuries are overlooked, it can result in great pain and suffering for the car accident victim. It can also provide a window during which the dental injury may worsen in severity. Depending on the type of dental injury they sustained, the nature of the treatment and the length of time it will take to recover will vary. The cost of dental treatment can be included in a legal claim with the help of a lawyer, like an auto accident attorney in Indianapolis, IN from Ward & Ward Law Firm, against the at-fault driver.

Common Dental Injuries

There are two main types of dental injuries: direct and indirect.

• When the person’s mouth or head strikes a hard object with force and causes a dental injury this is a direct injury. Hitting the dashboard, windshield, or steering wheel can cause this type of dental injury.
•  When the person’s mouth shuts abruptly and with force, the upper teeth can crush the teeth in the lower jaw.

With regard to car accident injuries specifically, there are three common types of dental injuries:

•  Luxated tooth. When the tooth is loosened but not knocked out after suffering a traumatic blow to the mouth area, this is referred to as a luxated tooth. That tooth can move sideways, forward and backward. The immediate treatment method often used is to push the luxated tooth into its normal position. A dentist may recommend further treatment based on the patient’s condition.
• Avulsed tooth. When the tooth is knocked out of its socket, this is referred to as an avulsed tooth. If certain protocols are followed, it may be possible to save the tooth if treatment by a dentist can be done within two hours of the accident. The tooth must be picked up by the crown, and the roots left untouched. It must then be stored in a clean plastic container that is filled with a saline solution, saliva, or milk.
• Fractured tooth. Teeth contain various layers and the seriousness of a fracture is based on how many layers are damaged. Treatment for a fractured tooth is similar to how an avulsed tooth is treated by a dentist.

Common Causes of Dental Injuries in Car Accidents

Dental injuries from car accidents are so prevalent because they can occur in so many different ways. Their severity will vary depending on the rate of speed of the vehicles involved and how hard the person’s facial area comes into contact with another object such as the dashboard, windshield, or the steering wheel. A dental injury can also be sustained when the individual is thrown from the vehicle and hits the ground. They may be forcefully thrown against another occupant of the car or against a seat.

Regardless of how exactly the dental injury occurred, it’s important to seek medical treatment from a dentist as soon as possible.

Personal Injury Lawyer

Most people attribute personal injury claims to car accidents and workplace injuries, which is accurate, but not conclusive. Personal injury claims run the gamut from animal attacks to products liability. You may have a claim and not even realize it. Look at the seven most common personal injury cases and assess your situation.

1. Animal Attacks

Pet owners have a responsibility to contain their animals and protect the public. If an attack or injury occurs because a pet owner does not perform his or her duties responsibly, you may have a personal injury claim against the owner. However, speak with an attorney before suing.

2. Car Accidents

Car accidents often cause injuries, and there is typically an individual to blame. However, the ease of a case is often complicated depending upon the state you live in. Some states are no-fault, meaning every driver is responsible for their own injuries. Others attribute liability in percentages, with each party accountable for their portion. Check the liability laws of your state.

3. Wrongful Death

Wrongful death claims occur when someone accuses another person of the death of a loved one through neglect or carelessness. Most of these claims are car accident-related. However, the claims can also relate to medical malpractice, defective products, plane crashes and other issues.

4. Medical Malpractice

Medical malpractice involves professional neglect or abuse. For example, leaving a surgical rag in a patient is a form of malpractice. It is also malpractice to refuse treatment of a person because of race or gender.

5. Workplace Injuries

You can also file a personal injury claim for workplace injuries and accidents. For example, does your employer obey all safety regulations? Are you required to wear protective equipment? Has your employer’s negligence led to an injury?

6. Products Liability

Consumers have an expectation that manufacturers produce safe products. Unfortunately, sometimes problems at a plant may lead to poorly constructed products, presenting risks to consumers. If a defective product injures you, you may have a personal injury claim.

7. Premises Liability

Like manufacturers have a responsibility to the public, property owners also have the same obligation. If an injury occurs because a property owner fails to maintain their space, a personal injury claim can be made.

Personal injury cases involve more than car crashes and dog bites. Nearly every injury can lead to a personal injury claim if negligence is involved.

Personal Injury Lawyer

Making ends meet can be difficult, even at the best of times. Sometimes, people find that they just cannot do it with the crushing weight of their debt adding to the problem. If this is something that sounds familiar, you may benefit from filing for a chapter 7 bankruptcy. Federal bankruptcy laws can help you eliminate most types of debt. Additionally, chapter 7 is the most prevalent type of bankruptcy filing in the U.S.

Chapter 7 Bankruptcy Basics

Chapter 7 is sometimes called a liquidation or straight bankruptcy. The court will appoint a trustee to oversee your case. Part of the job of the trustee is to take control of your assets, sell them, and then distribute that money to the creditors. Creditors are required to submit the correct claims to receive payment from the selling of the assets.

Exempt Assets

While the trustee is required to take possession of your assets, they are not allowed to take all of them. You are allowed to keep certain assets, known as exempt property so that you aren’t completely stripped of everything you need.

Exempt assets are ruled by both federal and state statutes and they refer to certain types of property. The federal government has a list of exemptions, and many states have created their lists as well. In some cases, debtors are required to use the state list depending on the jurisdiction. Other states, however, allow debtors to choose between the federal list or their state’s list. Common examples of exemptions include the following.

• Your home
• Your automobile
• Some retirement accounts
• Other assets that are necessary for you to work

Retirement plan exemptions are available for everyone. This is true even if you must accept your state’s list of exemptions and they don’t provide an exemption for retirement accounts.

Chapter 7 Paperwork

You’ll want to collect all your financial records. This includes credit card statements, bank statements, pay stubs, and loan documents. This information will help you complete the petition for bankruptcy, the related schedules, statement of financial affairs, and other documents you will need to submit to the courts.

If you have any questions about how a chapter 7 bankruptcy can help you seek relief, it’s a good idea to contact an experienced bankruptcy attorney, like a bankruptcy lawyer in Memphis, TN. They can answer your questions and help you determine if chapter 7 is right for you. Additionally, they can handle all the paperwork that will be required by the court.

Thank you to the experts at Darrell Castle & Associates for their input into bankruptcy law. 

Personal Injury Lawyer

With the spread of COVID-19, many areas of the community have been greatly affected. Many people only consider the economy or the healthcare system when thinking about the pandemic. However, the criminal justice system is being turned upside-down due to the shutdown of everyday life from COVID-19. Criminal defendants are being greatly affected every day as the virus spreads throughout the country. Every state is handling the spread differently, but in many, there have been administrative orders that do not allow for certain hearings to occur. For instance, in Texas, the courts have all determined that any hearings that are related to a defendant who is on bond is not essential, and is therefore postponed. This greatly affects the defendant’s constitutional rights to a speedy trial. In this case, the defendant cannot get before a jury of his or her peers and have them determine the guilt or innocence of the person. So, a person must wait for months to be sentenced on a crime that is a mere allegation at this point. Imagine if that person is attempting to seek some form of assistance and would be blocked from receiving that assistance due to a pending charge.

Sitting in Prison Because of COVID-19

What is worse is the situation being created from criminal defendants confined in prison. Those that are eligible for parole are not being granted release due to the spread of the virus. Those that are in jail and unable to make bond are on an odd holding pattern during the spread of COVID-19. Many states are still ensuring that these incarcerated individuals are getting hearings, but without the ability to have a jury trial, unless the individual is willing to accept whatever plea bargain is being offered, that individual will sit and wait in jail for the courts to reopen. 

Texas has attempted to allow for some of these defendants to be released. Governor Abbott issued an executive order that allowed for PR bonds to be given to incarcerated individuals as long as they are not being held on a violent charge or have a violent history. This order, however, has presented a huge issue for those that may have something from their past that is several years old. The order has the effect of treating certain individuals different from others who are similarly situated, which of course is unconstitutional. In fact, many in the defense community, as well as several judges, have joined together seeking a temporary restraining order against Governor Abbott. In April, that temporary restraining order was granted, and the executive order was not allowed to be enforced. Governor Abbott then sought a stay of that restraining order from the Supreme Court, which was granted. 

This is truly an unprecedented time and during this time many actions are taking place that are also unprecedented. It appears as if the spread of COVID-19 will have lasting effects that will take a long time to sort through. If you or someone you know needs help, contact a criminal defense lawyer, like an criminal defense lawyer, today. 

Thanks to Brandy Austin Law Firm, PLLC for their insight into criminal law during the coronavirus pandemic. 

Personal Injury Lawyer

If you’re receiving calls from a debt collector you may be wondering if their communications are legal. Federal laws limit third party collectors on how and when they can reach you. That doesn’t mean they may not try to bend the rules. This article explores what to be on the lookout for and what’s within your rights.

When can debt collectors call me?

Debt collectors are forbidden from contacting you at inconvenient times. In general, before 8 a.m. and after 9 p.m. is off-limits. This may be different if you have permitted them to call outside of these hours. For example, if you work an overnight shift and sleep during the day you may allow them to call late at night.

How often can a debt collector call me?

Under the Fair Debt Collection Practices Act (FDCPA) third party debt collectors are limited on how and when they can approach debtors. The FDCPA prohibits a debt collector from engaging “in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt.”

That being said, the FDCPA does not limit the exact number of calls you can receive. A debt collector may call you more than once, but something like say six calls per day may be too many. The factors of your particular case will affect this. 

Can a debt collector call my employer?

Yes, but there are limits on what they can discuss. 

A debt collector may find your employer on a credit report or through the original creditor. They may call your employer to verify employment, but cannot reveal they are a debt collector and pursuing you for collection.

Often debt collectors will only reach out to your employer if they cannot reach you.

Can they call me while I’m at work?

Yes, especially if that is the only number they have for you. If you are not allowed to take personal calls on your work number, inform them of the policy and they will no longer contact you there. However, if the collector does not have up to date contact information to reach you elsewhere they will continue to pursue all avenues to reach you.

Can a debt collector call my family and friends?

Yes, again under limited circumstances as with employers. Debt collectors can contact someone you know for the purpose of obtaining or correcting contact information to reach you. They may not identify themselves as a debt collector or inform the friend or family member that you owe a debt. 

The debt collector may only call these people once unless he or she believes they were given incorrect or incomplete contact information for you. 

Can a debt collector call me if I am being represented by an attorney?

In this case, the answer is no. By seeking legal representation and working with a debt collection attorney.

Personal Injury Lawyer

Many people have questions when it comes to a nursing home injury or neglect claim. These questions often involve how long the claim can take to settle, if you’ll need to go to court, and how long you have to file a claim. Here are some answers to these commonly asked questions.

Will I Have to Go to Court?

Every case is different and while many claims can be settled outside of court, you should always be prepared to go to trial. If the nursing home is willing to settle and they agree to the amount of compensation desired, there’s a good chance that the case can be settled without needing to go to trial. There’s no way to tell in the beginning, however, if they will be agreeable or if you’ll have to go to court.

How Long Will I Have to File My Claim?

The length of time you have to file your claim is known as the “statute of limitations.” These time frames differ from state to state and are generally started either when the abuse or neglect occurred, or when you were made aware of it. It’s always a good idea to file a claim as soon as possible to make sure your claim falls within the statute of limitations outlined by your state.

How Long Does a Claim Take to Settle?

This also depends on your particular case. Typically, the more complicated the case is, the longer it will take to settle. Additionally, the process of settling the claim won’t begin until medical treatment has been completed for the person who was injured. This is because those medical costs will be figured into the requested settlement amount. While it can be difficult to say exactly when your claim will settle, it can be anywhere from several months to several years.

How Do I Prove Negligence in My Case?

Negligence is when a nursing home or its staff act in a way that is reckless or careless, injuring someone in the process. Nursing homes have a responsibility to provide their residents with the support, resources, and tools to help them live as comfortably as possible. When proving a negligence claim, you must show that the nursing home or their staff didn’t act in such a way and that you were injured as a result.

If you or someone you love has been injured while under the care of a nursing home, it’s best to contact a nursing home lawyer, like a nursing home lawyer in Baltimore, MD, as soon as you can.

Thanks to Brown Kiely LLP for their insight into answers to some of the most common questions about nursing home injury claims.

Personal Injury Lawyer

When you apply for Social Security, you may not be sure if they are going to approve your application. Perhaps if you get your application in early and make sure everything is filled out properly they will accept you. However, there are no guarantees. When you are concerned that Social Security will not accept your application, speak with a social security lawyer. We have had many clients who are very stressed out because they are worried they will get denied, but you have a statistically higher chance of getting approved when you have an attorney on your side. For more information on how one of our team members can help you, please contact us today.  

Why apply for Social Security?

When you are injured or made ill at any point, you may want to apply for Social Security. Depending on how long you have worked and whether you have a medical condition that does not allow you to work any longer, you may be eligible for Social Security. Other reasons you might be eligible are:

• You are too young to fully retire
• You have met the Social Security Administration’s definition of “disabled”
• Your disability is not short-term

How can a Social Security attorney help me?

When you are no longer able to work, it is still important that you pay your bills and take care of your family. A Social Security attorney can give you the peace of mind that your case is in the right hands. Applying for Social Security is important to ensure you have the same quality of life, so you want to make sure you have the best chance possible at being accepted. A Social Security attorney can help you with the initial application and even represent you in your hearing. It is important to have the correct “onset” date of your disability, an accurate list of the symptoms of your disability, and why it means the SSA’s definition.

What if my case is denied?

Social Security cases do get denied, but that does not have to be the end of the road for your case. Instead, when you have one of our trusted Social Security lawyers on your side, we can craft an appeal to show why you should not have been denied in the first place. Your attorney can speak with your doctor to gather the medical evidence necessary to show that your disability hinders your ability to work and provide for you and your family. 

Is it too early to contact an attorney?

If you are looking into filing for disability, you should speak with an attorney as soon as possible. It is important that your attorney gets the facts of the case and knows where to begin gathering evidence. It is also possible that an earlier timeline can help your attorney move your case up to be approved for benefits without a hearing, depending on the circumstances surrounding your case. 

For more information on how a social security attorney can help you, reach out to a social security disability attorney in Roanoke, VA.

Thanks to The Law Office of Mark T. Hurt for their insight into Social Security disability law.